So honestly, I would not even try. The chances of her getting in are slim and the chances are high of her being denied entry and given a 5 year exclusion penalty or permanent penalty which means that she would have to apply for a waiver to come back. The risk of the 5 year or permanent penalty is if she tries to lie to them about her intention. So again, I would not risk this. I am truly sorry. I know it is inconvenient, I know you want to be together quicker than later, but I would play it safe.
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Thank you so much Atty. Senmartin. I have some follow up questions if you dont mind.
1.) We already purchased a roundtrip ticket for her. Can she still travel to the USA in September, just for a month or 2 vacation without even considering filing for AOS even if PD is already current as per your excellent advise?
2.) What are the chances that immigration officer/s at the port of entry wont allow her to come in? Would that mean she will be returned to our homecountry immedietly?
Thank you so much. We would not want to make any drastic mistake at this point. We would rather wait for her Greencard to come the usual way than filing for AOS then.
Thanks Atty. Having said so, should we just wait for the F2A Priority Date to retrogress before she can visit me here, that way she can be admitted to USA without doubt that she'll be filing for AOS? In my understanding, her having the tourist visa on hand has no guarantee that she will be allowed in at the port of entry?
A little bit confused where the denial risk will set in..whether at the port of entry or upon filing the aos.
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